Agenda item

The Licensing Committee were presented with a report that provided information on the Terms of Reference of the Committee, and its procedure and delegations in terms of dealing with Licensing and Gambling applications and appeals.

Members noted that the Terms of Reference of the Committee had been agreed by Full Council at the Annual Meeting in May, and  remained unchanged from the previous year and were presented to the Licensing Committee for their information. A copy of the Terms of Reference had been attached as Appendix A to the report.

With regard to the Procedure for hearings, Members were advised by Officers that this had been revised, with the role of the legal advisor clarified in order to provide greater clarity and transparency. Their role during the hearing and deliberations was that of an advisor and they were not there to assist in the final decision.

A number of concerns were raised by Members with regard to the possibility of any individuals undertaking covert recordings during the deliberations at a hearing and it was agreed that a revision be made to make this clear that it would not be allowed to happen, and that all attendees would be requested to move their personal belongings from the room during this process unless directed otherwise.

A number of other points were raised by Members, with concerns raised on issues regarding quality of evidence presented by Responsible Authorities at hearings. However, Members were informed that there was little that could be done in respect of this other than advise that any evidence provided needed to be of high quality.

Member’s attention was also brought to a number of typographical errors within the report which would be amended within the documents prior to their use. These referred to the following:-

·         The last line of paragraph 10 of the report be deleted (page 7 of the agenda);

·         The amendment of The Gambling Act 2007 to read as The Gambling Act 2005 within Appendix D to the report (page 25 of the agenda); and

·         The addition of the following point after 5(b) to the procedures for Licensing Hearings as attached at Appendix B1 and B2 to the report:-

‘All persons required to vacate the room during deliberations shall be required to take all their personal belongings out of the room except as may directed by the Committee’

            RESOLVED that:-

1)    The Terms of Reference for the Licensing Committee and the Licensing Sub-Committees as attached at Appendix A to the report be noted;

2)    The revised procedures set out in Appendices B1 and B2 be the procedures for Licensing and Sub-Committee hearings held under the Licensing Act 2003 and the Gambling Act 2005 respectively be agreed subject to the addition of an additional point after 5(b) to read as follows:-

“All persons required to vacate the room during the deliberations shall be required to take all their personal belongings out of the room except as may be directed by the Committee”

3)    The Committee agree the delegation of functions as set out in Appendices C1 and C2;

4)    The appointment of Members to the Licensing Sub-Committee as asset out in Appendix D be noted; and

5)    The procedure for dealing with settling appeals after the Sub-Committee hearing but before the appeal hearing in the Magistrates Court is decided as set out in Appendix E be agreed